A licence is not enough in a control area. You need planning permission too.
Scotland introduced mandatory STL licensing for all hosts in October 2022. But in certain areas - designated Short-Term Let Control Areas - there is an additional layer. If you operate a secondary letting (a dedicated STL that is not your primary residence), you also need planning permission.
This is a deliberate policy tool. It gives councils the power to manage the volume and location of short-term lets in areas where housing pressure is highest.
Edinburgh was the first council to designate an STL control area. Others have followed or are considering it.
What is a control area?
Under the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021, a council can designate all or part of its area as a Short-Term Let Control Area.
Inside a control area, using a property as a short-term let (secondary letting) is treated as a material change of use under planning law. That means it requires planning permission - a separate process from the licensing application.
Outside a control area, secondary letting still needs a licence but does not automatically need planning permission (though individual circumstances can still trigger it).
Who does this affect?
The control area rules only bite on secondary letting - properties that are not your primary residence.
If you live in the property and let it occasionally (home sharing or home letting), the control area designation does not change your position. You still need a licence, but you do not need separate planning permission just because of the control area.
| Licence type | Licence needed? | Planning needed in control area? |
|---|---|---|
| Home sharing | Yes | No |
| Home letting | Yes | No |
| Secondary letting | Yes | Yes |
This is an important distinction. A host who lives in the flat and lets a spare room on Airbnb is in a fundamentally different legal position from someone who owns a second flat solely for STL income.
Edinburgh - the first control area
The City of Edinburgh Council designated the whole council area as an STL control area from 5 September 2022. This was the first in Scotland and remains the most significant in terms of the number of properties affected.
Edinburgh's designation means:
- Every secondary STL property in Edinburgh needs planning permission
- Planning applications are assessed against the Edinburgh Local Development Plan
- The council considers housing supply impact, neighbour impact, and area character
- Applications can be refused - planning permission is not automatic
Edinburgh had an estimated 9,000+ STL listings before the control area came into force. The designation was driven by concerns about housing availability, rent increases, and community disruption - particularly in areas like the Old Town, New Town, and Leith.
Transitional provisions
Hosts who were operating legally before the control area designation had transitional provisions. The key dates:
- Hosts operating before 1 October 2022 had until 1 October 2023 to apply for a licence
- Hosts in control areas who had an existing licence application in progress were generally allowed to continue operating while the application was processed
- New secondary STL operations that started after the control area designation needed planning permission from day one
If you are relying on transitional provisions, check the current status with your council. Transitional periods are time-limited, and "I applied ages ago" is not a permanent defence if the application was refused or withdrawn.
Other control areas
Edinburgh was first, but other councils have followed or signalled intent:
- Highland - considered STL control areas in parts of Skye and other tourism hotspots
- Argyll and Bute - assessed the case for control areas in popular tourism areas
- Stirling - explored control areas for the city centre
Not every council will designate control areas. Rural councils where tourism is a major employer may be reluctant to add barriers that deter visitors. Urban councils with housing pressure are more likely to use the tool.
Check your council's website for the latest position. Control area designations can be introduced at any time through the normal planning process.
Applying for planning permission
If your property is in a control area and you need planning permission for secondary letting:
- Check the council's planning portal for the application form and guidance notes
- Prepare supporting documents - floor plans, location plans, management plan, details of how you handle waste, noise, key management
- Pay the application fee - planning fees are set nationally (currently around £400 for a change of use application)
- Wait for determination - councils have 8 weeks for a straightforward application, but delays are common
- Neighbour notification - your neighbours will be notified and can object. Objections do not automatically mean refusal, but they are considered
- Decision - approved, approved with conditions, or refused. You can appeal a refusal to the Scottish Government's Planning and Environmental Appeals Division
Planning permission, if granted, runs with the property not the owner. If you sell the property, the planning permission transfers.
What if your planning application is refused?
Refusal means you cannot legally operate a secondary STL in that property (in a control area). Your options:
- Appeal to the Planning and Environmental Appeals Division (DPEA)
- Modify your application and resubmit - perhaps with a management plan addressing the council's concerns
- Switch to long-term letting - a BTL tenancy does not need STL planning permission or a licence
- Accept the decision and either sell the property or use it for another purpose
Refusal rates vary. Some councils are more permissive than others, and individual circumstances matter. A well-managed STL in a mixed-use area has a better chance than a party flat above a family home.
Practical advice
- Do not assume you will get planning permission. Apply before you commit to an STL business model in a control area
- Keep your licence and planning permission aligned. A licence without planning permission in a control area is not compliant
- Track both expiry dates. Planning permission may have conditions or time limits. Your licence has its own renewal cycle
- Display both reference numbers in your advertising where required
How SelfLet Stays helps
SelfLet Stays tracks your STL licence and planning permission as separate compliance items. The Scotland-specific compliance engine knows that secondary lettings in control areas need both, and flags when either is missing or expiring. One dashboard, both requirements covered.